The debate continues over the proposed zoning change ordinance that would allow a Walmart Neighborhood Market to be built in western Russellville.

It appears many questions remain unanswered, and the latest issue at hand is which zoning ordinance best fits the plan. This question arose after Russellville Alderman Seth Irwin questioned whether a Planned Unit Development (PUD) is the best zoning for the property.

Irwin told The Courier on Wednesday the PUD is the wrong way to rezone the property to allow the store to be built.

“I think it can be addressed with a normal C-4 zoning ordinance,” he said. “The planned unit development zoning does not meet the requirements set forth in Russellville’s current comprehensive plan. A PUD is used only if the normal zoning process does not address the zoning issue.”

Irwin said the PUD can’t be used to circumvent the normal zoning process and believes the process is being approached in the reverse manner. Adding a landscaping provision to the C-4 ordinance would address the issue of maintenance, he said. The PUD is applicable only when the public benefits would not be achievable through regular zoning.

“The public benefit is the grocery store,” Irwin said. “The issue is can you put a grocery store in that area through regular zoning.”

He questioned whether the PUD is the true motivation, and that some of the former council members may be able to provide an answer.

Stephen Giles, Walmart’s attorney, said there is a difference between deciding to convert Russellville city code and understanding district regulations, and that there are several things to consider when understanding the intentions of a PUD and regular zoning ordinance changes.

“There are some basic contrasts to a PUD and straight rezoning,” Giles said. “When a commercial zone or quiet business is near a neighborhood, the city may want to have an additional use clause in case the project does not meet existing C-4 ordinance criteria. If an ordinance is changed, the city must change the zoning map. The PUD zoning process requires a site plan submission which shows the details of the project prior to any rezoning.

“Even if the PUD is approved, a large scale development report must be submitted to the city by the developer prior to building. It includes more specific plan details and is required for project approval.”

Giles said standards are set for each rezoning measure. The PUD allows for a 500-foot setback restriction. In comparison, the C-4 zoning requirement is set at 20 feet, with no restrictions.

Using a PUD zoning ordinance is in the best interest of the adjacent neighborhood, Giles said.

A disagreement about additional provisions will present undefined problems that are impossible to negotiate. It means there is no definable standard, he said. The PUD is not for circumventing regulations, rather a zoning classification.

“The public benefit is that 50 percent of land is dedicated to grass and buffers on the property. In addition, we have gone to great lengths to provide appropriate traffic, property lighting and drainage studies as well,” Giles said.

Russellville City Planner David Harris said the PUD is not an end run to circumvent zoning code and that it provides a better chance of review.

“Walmart is using an improved proposal,” he said.

Harris said some council members have had a problem with the PUD, but the last thing he wants to do is decide for anybody.

“This proposal requires deliberate consideration,” Harris said.

Planning and zoning is a delicate balancing act, Harris said. It is natural that people want to remain happy in their homes.

It is hard not to be aware, and even anxious, if you live near an area that may be subject to a big change.

Harris said he is of the opinion there is less insurance for the city in a C-4 ordinance change.

Also, he is concerned that adding a landscape condition may show partiality to other businesses that were not asked for additional requirements.

“The six criteria listed in the PUD are the most fundamental to consider when making deliberations about the proposal,” Harris emphasized.

It is my understanding that under a c-4 the city must notify the landowners immediately adjacent to the property under consideration, and they have the primary input as to whether the ordinance passes.

This would me the determining factor in my opinion.

Did you know that walmart takes out life insurance policies on their 'associates' without their knowledge or consent? If one of their associates dies, they make tens of thousands of dollars.

It would be nice if they had spent that on the individuals health care.

They also pay them just close enough to poverty level wages that they and their children are eligible for medical care and food stamps on the taxpayers dime. Just think... our kids first, medicaid, and food stamps, and the employer pays for none of it. that is what I call good corporate management.